Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1887-11-09

the efforts of the prosecution had failed to
trace her, and the just deduction was that
she was somewhere in hiding, afraid to
come forward lest she might be incrim-
mated and placed side by side with the
prisoner in the dock. The prisoner did
not deny her existence, nor that she and
he were for several hours in company with
each other. Were he innocent what pos
sible doubt could exist that he would
bring her forward to establish his inno-
cence? Were both innocent, would not
she of her own accord step forward to
prove it? The prisoner in his address
made certain illusions to honor and con-
science, by which he would make it ap-
pear that he was guided by his honor and
his conscience in the singular method of
his defense; and it may be that there eX-
listed in him some mistaken sense of chiv-
airy which induced him to do all in his
power to screen the partner in his crime.
1t would have been better for him had he
brought his honor and his conscience to
bear in the unhappy engagement into
which he entered with the unfortunate
lady who afterward became his wife; but
it had been amply proved that the mar
rage was not, on his side at least, a mar
rage Of affection. Distinctly he married
her for her money, and distinctly he would
be a great gamer by her death. Thus,
then, there existed q motive, and not
novel one-for the tragedy has been
played many times in the history Of crime
for his getting rid of her. He the
counsel of the prosecution did not wish to
press hardly upon the prisoner, who was
- ,,,o,, os o,,14,,ro op6 oduoofion on6 must
feel keenly the position in which he stood,
whatever might be his outward demeanor.
But it devolved upon him to impress
upon the jury not to allow any false SEN
timent to cause them to swerve
from the straight path of duty.
They must decide by the evidence
which had been presented to them,
and it was with a feeling the reverse OF
satisfactory that he pointed out to them
that this evidence could lead to but one
result.
sThe summing. up of the learned judge
(which, with the attorney generals S
speech, will be found fully reported in
other columnS) was mastery analysis
of the evidence which had been adduced.
He impressed upon the jury the necessity
of calm deliberation, and of absolute con-
viction before they pronounced their YER
dict Circumstantial evidence was, of all
evidence, the most perpleXing and dan
gerous. It had, in some rare instances,
erred; but these exceptions were, happily,
few and far between. 1t had, on the
other hand, led to the detection OF great
criminals, and without its aid many heinz
Gus aggressors against the law would slip
through the hands of justice. He dis
missed the jury to their duty. and he
prayed that wisdom might attend their
deliberations.
cat $50 o'clock the jury retired, and it
was the general impression that tho case
would be ended within the hour. The
prisoner sat in the dock, shading his eyes
with his hand. Not once did he look up
to the court. He seemed to be preparing
himself for his impending fate. But 4
o'clock, o'clock, 6 o'clock passed, and
the suspense grew painful. 1t was clear
that there was not that agreement be-
tween the jury which all the court, in
cluding even the prisoner, had expected.
At 6:20 the foreman of the jury entered
the court, and informed the judge that
there was no chance Of the jury agreeing
upon verdict.
"The Judge-Is there any point of law
upon which you desire information?
"The Foreman of tho Jury-None, my
lord.
"The Judge-Is there any discrepancy
in the evidence which the jury wish
cleared?
''The Foreman of the Jury-No, my
lord. It is simply that we cannot agree.
s'The learned judge then intimated that,
after so long and patients trial, he could
not lightly dismiss the jury from their
duties, and he bade the foreman again re-
tire to o further consideration of the case.
The court, he said, would sit late to re-
ceive the verdict.
''Seven o'clock, 8 o'clock, 0 O'Clock
passed, and then the learned judge sent
for the foreman of the jury and inquired
whether any progress had been made
toward an agreement.
'sThe Foreman of the Jury-NOne, my
lord. There is no possible chance of the
jury agreeing upon " verdict.
"It was remarked that no person in
court appeared to be more surprised than
the prisoner, and when the jury were
called in and dismissed by the judge from
their duties Edward Layton, before he
was removed from the dock by the jailors,
leaned eagerly forward to scan their
countenances.
'sNothing further transpired, and this
unexpected chapter in the Layton mystery
was clOSeQ.n